Ice Cream – Mydin Express (Hypermart)

Mydin Express Service Terms & Conditions

Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Products or services listed on https://mydinexpress.my (“Website”). By visiting our Website and ordering any Products from this Website, you hereby agree that you have read and understand these Terms and Conditions of the Mydin Express Service (“Service”), and that you accept and agree to be bound by them:
1. USER INFORMATION
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a) Before checking out an order from the Website, you agree to provide us with the accurate and valid required information but not limited to include the accessible address, registered mobile number and email address for the fulfilment of the order. 
b) You warrant that:
	i) All provided information are correct and complete and shall inform us immediately of any changes of the provided information;
	ii) You are eighteen (18) years old and above; and
	iii)You have acknowledged and agreed to be bound by the terms and conditions contained herein.
2. ORDERING
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a) SERVICE PERIOD: The website will only accept orders from 7th April 2020 until 14th April or such other date to be decided by us at our sole discretion.
b) STORES: The service is only available for the following outlets :-
All the stores above shall be collectively referred as “Stores”. The list of Stores will be revised from time to time without further notice, at our sole discretion. 
c) PRODUCTS:
	i) Only selected products listed on the Website are available (“Products”) for ordering.
	ii) Any request of purchase of any item other than Products will not be entertained.
	iii) The availability of the Products as presented in our Website depends on the stock in the respective Stores and we shall not guarantee that all the items you ordered will be available.
	iV) We reserve our rights to set limits for quantity of Products that you may order. 
d) PRODUCT PRICE:
	i) All prices listed on the Website are guide prices only and are only approximate figures. We reserve the right to change these prices at any time.
	ii) Upon placement of the order, you have agreed to pay us the Total price contained therein and Packaging Charges (if any).
	iii) Prices are inclusive of relevant taxes imposed by Malaysian Government and it will be displayed on the Website when you place your order at your check out cart.
	iv) In the event the Total Price is varied, this maybe due to the changing in prices in the store or technical error, as the case may be.
e) ORDERING PROCEDURE:
	i) PLACING ORDER
		[1] Enter the number of quantities for each Products that you wish to purchase in the cart.
		[2] Select the Store that you want to pick the order from.
		[3] Select the Payment method.
		[4] You shall ensure that all the information including your order details, personal details, Meriah card number (if any) and date and time slots are accurate, and selected prior to the final confirmation of your order.
		[5] For avoidance of doubt, order must be placed at least twenty-four (24) hours prior to the selected pick up date and timeslot.
	ii) CONFIRMATION OF ORDER
		[1]Upon successful ordering, you will receive a phone call or Whatsapp from our personal. In the event any particulars of your ordering are inaccurate, you shall immediately inform our personal during the said phone call or via Whatsapp reply.
		[2] Maximum three (3) reminders will be made via Whatsapp. If you are uncontactable after three (3) reminders/attempts, such order will be automatically cancelled and any request for reactivation will not be entertained. 
	iii) PICK UP
		[1] You shall present valid order document and identity card for verification purpose upon placing and picking up your order at the selected Stores. We shall at our sole discretion decline/refuse to hand over the order if you fail to provide the necessary information upon request.
		[2] During the Service period, you may select to pick up your order at the selected Store from 12pm to 6pm daily according to your allocated slot.
		[3] All the order must be picked up on selected date and timeslot. Otherwise, the order will be automatically cancelled.
3. PAYMENT
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a) All payment of the order must be made either via eGHL payment Gateway on the Website or made upon collection at the selected Outlets. 
b) No cash payment allowed.
c) Only Visa, Mastercard debit and credit card is accepted for payment during pick up at Store. 
4. CANCELLATION, REJECTION, REFUND OR EXCHANGE:
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a) CANCELLATION
	i) Save and except for the circumstances contained herein, no request for cancellation will be entertained.
	ii) We may cancel your order if your selected Products are not available.
b) REJECTION AND AMMENDMENT
	i) You are advised to check, inspect and examine your order/Products upon collection.
	ii) You are entitled to reject any of the Products that you deem unacceptable by giving valid reason to our personal. We reserve the rights to accept or decline your request and our decision is final.
	iii) You are allowed to amend your order including add or reduce the quantity of the ordered items at the time of collection. Once payment has been made, no request for amendment will be entertained.
	iv) The amount of the rejected or reduced items will be deducted from your payable invoice.
	v) If you are unable to receive your order, you may proceed to make a separate order that includes your desired items. 
c) REFUND AND EXCHANGE
	i) For payment during collection, no request for refund after payment will be entertained.
	ii) For payment during order from Website, refunds will be processed by the Payment Gateway. Please take note that the refund process shall take 3 to 14 days from the date of cancelation. No cash refunds request will be entertained.
	iii) You may request to exchange your items by visiting the selected Store where you have originally collected your Products with proof of purchase. 
5. GENERAL
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a) PARTIES RELATIONSHIP
	i) There will be no contract of any kind between you and us unless and until you have actually pick up your order and pay at the selected Stores.
	ii) Nothing said or done by us shall be considered as any acceptance of your offer until you have collected and pay your order either via Website or at the selected Stores.
	iii) For avoidance of doubt, by placing an order with us, you hereby acknowledged and agreed that you have entering a contract with Mydin and to liaise with us directly for any matter arising from or in relation to your order.
b) PERSONAL DATA
By placing an order with us, you have expressly authorized Mydin to collect, use, store or otherwise process your personal information and verifying your credit or debit card (if any), investigate complaints and suspected suspicious transaction and to improve service usage and for any Marketing Purposes conducted by Mydin.
c) LIMITATION OF LIABILITIES
	i) We endeavor to ensure that the information on this Website We endeavor to ensure that the information on this Website is correct and error-free at all times. Despite our best efforts, we do not warrant that the Website will always be error-free and that the use of Website will be fit for purpose, timely and that defects will be corrected, and that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
	ii) We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
	iii) In the matter of any Internet Fraud and/or any unauthorized data collection, we cannot be held liable in any way whatsoever in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
d) FORCE MAJEURE
 We shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is beyond our control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, fire, thunderstorm, lightning flood, earthquake, typhoon, strike, pandemic or other natural disaster, impossibility of the use of railways, motor transport or public or private transport, impossibility of the use of public or private telecommunications network, civil commotion; compliance with any law or governmental order, rule, regulation or direction, lockouts, lockdowns and acts of third parties (collectively referred to as “Event of Force Majeure”).
e) NO WARRANTIES
 We exclude all implied warranties, terms and conditions to the extent that is legally permitted. We shall not be liable for any loss of money, goodwill, reputation, indirect or consequential loss arising out of your use of our Website and/or our Services.
f) INDEMNITY
 You shall indemnify us, our directors, officers, employees, agents and affiliates, from any and all third-party claims, liability, damages and/or cost (including but not limited to legal fees) arising from your use of this Website or breach of this Terms and Conditions and/or Agreement.
g) ALTERTION
We reserve the right to modify or update our Terms and Conditions at any time without prior notice. It is your responsibility to check for any changes in our Terms and Conditions every time before placing your order.
h) ENTIRE AGREEMENT
	i) The Terms and Conditions together with the Privacy Policy, any order form and payment instructions with regards to the order placed constitute the entire agreement between you and us. 	No other terms whether expressed or implied shall form part of this Agreement.
	ii) In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
i) SEVERABILITY
 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
j)  GOVERNING LAW
 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia. 
k) WAIVER
 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing. 
l) BREACH OF VIOLATION
A breach or violation by you of any of our Terms and Conditions will result in the immediate   termination of provision of services to you without further reference to you.
PRIVACY NOTICE PURSUANT TO PERSONAL DATA PROTECTION ACT 2010
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In compliance with the laws of Malaysia, you hereby consent and authorize MYDIN to collect, use, store, process, to safe keep your personal details and to disclose the same to the related parties involve in organizing this “MYDIN Express Campaign”. Any withdrawal of your consent given shall be made in writing and received by MYDIN before the expiry of the Campaign Period and in such event, you shall be deemed to have withdrawn from this Campaign. 
PENTERJEMAHAN Selaras dengan undang-undang yang terpakai di Malaysia, anda dengan ini sepenuhnya bersetuju dan membenarkan MYDIN untuk mengumpul, menggunakan, memproses, menyimpan maklumat peribadi anda dan mengemukakan maklumat peribadi anda kepada pihak lain yang turut terlibat dalam penganjuran “MYDIN Express Campaign”. Untuk sebarang penarikan balik persetujuan yang telah diberikan, anda hendaklah menulis satu surat rasmi kepada MYDIN sebelum tamat tempoh Kempen ini dan dalam keadaan yang sedemikian, anda adalah dianggap telah menarik diri daripada menyertai kempen ini secara sukarela.
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Mydin Express Service Terms & Conditions

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